File under: “No Good Deed Goes Unpunished”
Helen had a 15-year-old son from her first marriage and a six-year-old son and four-year-old daughter from her second marriage. She went through a rough period during her divorce from the older boy’s father, and agreed that father, who lived in New Jersey, could have custody of the boy.
Father was a certified bastard, who made the son’s life miserable and who was constantly after the New Jersey authorities to collect child support from Helen. But the son of the second marriage had been diagnosed with both Attention Deficit Disorder (ADD) and Attention Deficit / Hyperactivity Disorder (ADHD), and the girl was also showing early signs of one or the other. The boy, Rico, was a full-time job for Helen. He couldn’t be left alone with his younger sister, day care facilities wouldn’t have him, babysitters wouldn’t come near him and Helen had to volunteer as a classroom aid to keep an eye on him in school.
None of that mattered to the child support division of the Alameda County District Attorney’s Office. They – or at least one of them – thought she should be working.
New Jersey had ordered her to pay child support, which she was unable to do. At New Jersey’s request, Alameda County had filed several motions, asking that she be held in contempt of court for non-payment of child support. But before a person can be held in contempt of court for failing to obey an order, the other side must prove that the person had the ability to obey the order. And, having no income, Helen was unable to comply with the support order.
So the local DA filed a request for what is known as a “seek-work order,” asking that the judge order her to start looking for work and to report periodically to the court about all of the job applications she had filled out.
At our first hearing, I took the female Deputy DA aside and tried to reason with her. “Did you read the declaration we submitted?” I asked.
“Yeah, I read it. And I really don’t care,” she snapped. “She needs to be paying child support.”
*
This case had barely begun when Helen brought the older boy to my office, allegedly at his request. She said the boy had been spending his summer vacation in California with her and was scheduled to fly back to New Jersey within a couple of weeks. I saw a huge red flag waving in front of me and asked Helen to wait outside while I talked to Derek behind closed doors.
“I’ve been cutting and burning myself,” he started off tearfully, showing me the scars on his arms. “I don’t want to go back to my dad. I want to stay here.”
Over the next few weeks, a story began to emerge that was much larger than what the boy knew. Helen and her first husband had evidently each had a pretty wild, sex- and drug-filled youth which continued after they hooked up together and well into their marriage. Dad evidently saw the light, quit his evil ways and eventually divorced Helen because she hadn’t followed him on the straight-and-narrow.
Although Helen did later quit her partying and drug taking, Dad never ceased telling Derek what a terrible person his mother was. He also rode strict herd on the boy, monitored all of his friendships and telephone calls, used corporal punishment and warned him repeatedly of the consequences he would suffer if he ever showed the slightest sign of turning out like his mother. The poor kid was practically living in a labor camp.
*
California had no jurisdiction over the custody matter at that point. New Jersey did. Normally, the law would not allow Helen to ask a California court to change a custody order made in New Jersey. But the Uniform Child Custody Jurisdiction Act admits some narrow exceptions, and we tried to tailor our motion to meet one of those exceptions.
The UCCJA required the California judge and the New Jersey judge to talk on the telephone and attempt to work out the best solution for the welfare of the child. After this conference, it is hoped that one judge or the other backs down.
Not this time.
During one of these negotiating sessions, I was invited into the court commissioner’s chambers to sit in on a speakerphone conference with New Jersey. Nothing I said pleased the East Coast judge – not that I was allowed to say all that much.
“Judge, the boy is so miserable that he’s cutting himself – “ I began.
“And just how do you know this counselor,” she sneered.
“He told me, your honor. And showed me the scars on his – “
“And just where did this exchange take place?”
“In my office, judge.”
“In your office!?”
“His mother wasn’t there, judge,” I snapped back, not fully disguising the note of impatience (lack of due respect?) in my voice. “I sent her outside.”
“Well, that’s just fine! I suppose that makes all the difference in the world.”
I admit I have had more pleasant experiences in my career.
*
The Alameda County court commissioner was a pretty new hire. She’d only been on the bench a very few months and had no prior family law experience. She also found it hard to stand up to New Jersey. But the lady had guts, bless her, and after hearing all the arguments and doing a bit of research on her own, she announced, “I’m taking jurisdiction.”
The commissioner ordered an immediate change of custody, Derek got to stay in California and father was ordered to pay child support to Helen. That left only the issue of the seek-work order to be decided.
*
In the meantime – and not really expecting it to succeed, but merely to call to the commissioner’s attention the egregious conduct of the District Attorney’s office – I filed a motion setting out all of the history of the case and asking that the County of Alameda be ordered to pay Helen’s attorney’s fees because of the DA’s extreme bad faith in filing the seek-work motion.
Of course, there was no way in hell a judge or commissioner would ever grant such a request and I knew it.
At our last hearing, the female deputy’s boss appeared for the DA’s office. Terry Symonds-Bucher, a seasoned veteran and a straight-shooter. We agreed that the motion for a seek-work order would be dismissed, as would my motion for attorney’s fees.
When the commissioner called Helen’s case, she asked if it was true that both motions were to be dismissed.
“That’s correct, your honor,” I replied. But I couldn’t resist adding, “And if Mr. Symonds-Bucher had been on this case from the beginning, we wouldn’t be here today.”
*
Helen later disappeared, leaving me holding the bag for more than $3,000 in unpaid fees. She deeded her interest in the family home over to her then-current husband. I have no idea what happened to the kids.








